The court holds that it has jurisdiction over a Federal Water Pollution Control Act (FWPCA) citizen suit filed against a manufacturing plant, which closed down before the suit was filed, since the defendant continues to violate the recordkeeping requirements of its National Pollutant Discharge Elimi...

The court holds that, without further rulemaking, the Corps of Engineers lacks jurisdiction to require a Federal Water Pollution Control Act (FWPCA) §404 permit for development of an isolated wetland. The court holds that a letter on which Corps jurisdiction was based, from the Corps' Deputy Direct...

The court holds that judicial review of an Environmental Protection Agency (EPA) emergency order under the Resource Conservation and Recovery Act (RCRA) §7003(a) to monitor and correct emissions of hydrocarbon vapors at a hazardous waste site is available before EPA acts to enforce penalties, and a...

The court holds that the district court lacks jurisdiction under the citizen suit provision of the Clean Air Act, §304(a), over a fuel refiner's claim that the Environmental Protection Agency (EPA) failed to perform a nondiscretionary duty in refusing to recognize a lead credit purchase. The court ...

The court holds that the district court lacked authority under $105(a) of the Bankruptcy Code to require a railway to apply for expedited approval under the New Jersey Environmental Cleanup Responsibility Act (ECRA) to allow a debtor's trustees to convey real property to the railway. The debtor is a...

The court holds that a county landfill that imposed on imported waste rates that were higher than those imposed on locally generated waste did not violate the Commerce Clause or a waste-processing facility's due process and equal protection rights. A Pennsylvania-based waste processing facility rece...

The court generally upholds the Environmental Protection Agency's (EPA's) 1987 second codification rule implementing the 1984 Resource Conservation and Recovery Act (RCRA) Amendments. The court first holds that EPA acted within its authority in imposing RCRA §3004(u) corrective action requirements ...

The court assesses a $2,778,000 civil penalty against the owners and operators of a landfill for violations of the Resource Conservation and Recovery Act (RCRA) and orders defendants to perform corrective action and permanently close the landfill. The court first holds that it has jurisdiction over ...

The court holds that an Environmental Protection Agency notice of violation is not a final agency action subject to judicial review under Clean Air Act §307(b).
Counsel for PetitionerCharles F. AdamsStoel, Rives, Boley, Jones & Grey900 SW Fifth Ave., Ste. 2300, Portland OR 97204-1268(503) 224-...

The court holds that operation of the Village Creek Flood Control Project near Taylor Bay, Arkansas, constitutes a nuisance. The Taylor Bay Protective Association brought suit against the improvement districts that operate the project and federal agencies that regulate the project, after problems wi...